Amal Alamuddin and her work

Thanks PAN. Happy New Year to you. This has to be such a disappointment. Wonder how surprised Fahmy's lawyers (incl Amal) were by this decision for a retrial? Wonder if at any time the President of Egypt could just decide to deport Fahmy since he has dual citizenship and let him be tried in Canada. Could he override the court? Sounds like the Canadian government may not be working as hard as it could to procure the release of Fahmy. At least Fahmy's fiancée seems to think so. Would be so unfortunate if these journalists have to wait out another trial which could last a year.

And to you Donnamarie. 

Given Amal's report on Egpyt for the IBA i still wonder if this is a political decision and not a judiciary one

After her op-ed in the HuffPost, the Independent here reports that she is writing a book with Fahmy about the implications of this........

You think this could be political backlash for what she wrote? In any case it sheds a very negative light on judicial system in Egypt and in my very simplistic and logical mind you would think Egypt would be better served just deporting these jounalists and letting their home countries handle it. It would wash their hands of the whole messy affair.

No, it's nothing to do with her or any of the other lawyers representing the Al Jazeera journalists (there are seven others who were also sentenced in absentia).I

It's political and all to do with the relationship between Egypt and Qatar, which is Al Jazeera's base. Egypt's president may use them as pawns in a vote of confidence for him too. Remember the Egyptian military government defeated the Muslim Brotherhood to come to power and started out as a military junta. 

To be honest, this may be seen as a step in the right direction, but it still looks like the hand of government influencing the judicial process to me.....

Quite a few tweets about this. Here's one:

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From MSN news page.
Sorry if its not new news.

Egypt court orders retrial for Peter Greste and
al-Jazeera colleagues
The Guardian 6 hrs ago Patrick Kingsley

© Associated Press
Egypt court orders retrial for Peter Greste and al-Jazeera colleagues

An Egyptian court has ordered a retrial in the case of al-Jazeera journalists Peter Greste, Mohamed Fadel Fahmy and Baher Mohamed.

The decision by the court of cassation in Cairo will see the three remain in jail as bail was not granted. No date for the retrial was set.

The three journalists did not attend the brief hearing that began around 9am local time and which lasted only minutes. Reporters who had gathered at the court were initially not allowed in.

The Guardian spoke to Greste’s parents Lois and Juris after the court’s decision had been announced. Ms Greste said: “My God, my God, I can’t believe it.”

Her husband said: “I’m shocked.”

Ms Greste later added: “We need some time to process this. It is not as positive as we had hoped for.”

Australian ambassador Ralph King said: “We had very serious concerns about the first trial. So it is very encouraging that a retrial has been ordered but still we maintain that journalists never be on trial.”

Baher Mohamed, Mohamed Fahmy and Peter Greste during their previous trial in Cairo. Photograph: Khaled Elfiqi/EPA
Before the court’s decision, defence lawyer Negad Al-Borai told journalists that he hoped for a “happy end” to the case, with the court allowing for an appeal.

“The court has the right to release them today,” he said.

The three journalists were arrested in December 2013. Fahmy, an Egyptian-Canadian, and Greste, an Australian, were sentenced to seven years in prison, while Mohammed, an Egyptian, got 10 years, three more because he was found with a spent bullet casing.

Rights groups dismissed the trial as a sham and foreign countries, including the US, expressed their concern over the journalists’ detention.

Authorities accused Qatar-based al-Jazeera of acting as a mouthpiece for the Muslim Brotherhood. The station denied the accusations and said the journalists were doing their job.

At trial, prosecutors offered no evidence backing accusations the three falsified footage to foment unrest. Instead, they showed edited news reports by the journalists, including Islamist protests and interviews with politicians.

Other footage submitted as evidence had nothing to do with the case, including a report on a veterinary hospital and Greste’s past reports out of Africa.q

This has just been on BBC news. They said that Human Rights groups have condemned the Egypt for not releasing these three men and going for a retrial. It was said that laws were in place for Fahmy and and Greste to be deported so it was hoped that this could happen. Mohamed is Egyptian so could not be deported. Orla Geurin  said  that a retrial could begin within weeks but could take up to a year.

I do hope they will deport the two men to their home countries

There was a comment on the BBC news at 10pm
about the chance of a pardon.

Amal Clooney statement on possibilities for the journalists here

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Three Al Jazeera Journalists Remain in Jail After Egyptian Court Orders a Retrial

CAIRO — Egypt’s highest appeals court on Thursday ordered a retrial for three imprisoned journalists from Al Jazeera’s English-language service, implicitly acknowledging critical procedural flaws in a case that rights advocates have described, from the men’s arrests to their convictions, as a sham.
But the decision offered no guarantees that the journalists, who have been imprisoned for more than a year and now face a potentially lengthy second trial, would be freed anytime soon.
The convictions of the three men, Mohamed Fahmy, Baher Mohamed and Peter Greste, focused international condemnation on the government, drawing attention to a sweeping crackdown on news media freedom and political dissent since the military ouster of the country’s first democratically elected president, Mohamed Morsi of the Muslim Brotherhood.



And from its beginnings, analysts say, the case has perhaps had little to do with the actions of the journalists themselves. Instead, they suggest it reflects a bitter dispute between Egypt’s military-backed government, led by President Abdel Fattah el-Sisi, and Qatar, which owns Al Jazeera and has been a strong backer of his Islamist opponents in the Muslim Brotherhood.

The men were convicted in June on charges that included conspiring with the Muslim Brotherhood to broadcast false reports, though prosecutors presented no evidence for such claims. All three were sentenced to seven-year prison terms, but Mr. Mohamed received three additional years for possessing a spent bullet casing that he picked up at an anti-government street protest.
The case has drawn special notice partly because the defendants had reputations as experienced journalists and had in the past worked for other well-known international news organizations. But their ordeal, which the men have outlined in letters from prison and in messages sent through family members, has also highlighted the plight of thousands of Egyptians — including Islamists, leftist activists and other journalists — swept up by the authorities on charges that are widely viewed as politically motivated.
As the families of the Al Jazeera journalists sifted through the meaning of the latest court decision on Thursday, they applauded the court’s apparent criticism of the first trial but expressed disappointment that the judges had not granted a request to suspend the men’s sentences.
“We’ve learned not to expect anything,” said Mr. Greste’s father, Juris Greste. “We did expect a little better than this.”
Amal Clooney, a lawyer for Mr. Fahmy, noting what she said were numerous irregularities with the first trial, said her client could not rely solely “on the Egyptian judicial system to give us a necessarily fair or speedy outcome.”
In addition to focusing on the court proceedings Mr. Fahmy’s legal team was “doubling its efforts on the political and diplomatic tracks,” she said. “That seems to be the most promising way to achieve the outcome that is just.”
Mr. Sisi has said that the journalists should have been deported rather than stand trial, but he has so far insisted that the government does not interfere in judicial decisions.

A recent thaw in relations between Egypt and Qatar, brokered by Saudi Arabia, has raised hopes that the Egyptian president might be more willing to free the men. In December, in a major concession, Qatar suspended the broadcast of an Egyptian affiliate of Al Jazeera that had been sharply critical of Egypt’s government.
But the Qatari government has also refused to extradite Brotherhood leaders and supporters wanted by the Egyptian government, a source of continuing tension, according to Egyptian officials.

Although the appeals court did not give specifics for its decision, it is regarded as among Egypt’s most rigorous and independent legal bodies and may have been eager to remove the stain on Egypt’s judiciary after the spectacle of the first trial.
It was unclear whether the ruling made it any more likely that Mr. Sisi would step in before or during the retrial. The delay of a final decision could be useful in diplomacy with Qatar, or it could be viewed as an obstacle if Egyptian officials were quickly trying to rid themselves of a public-relations headache.
Mr. Sisi had issued a decree in November allowing him to deport non-Egyptians convicted of crimes, in an apparent sign that his government was seeking face-saving ways to end what has been an embarrassing case.
The decree could free Mr. Fahmy, who holds Canadian and Egyptian citizenship and Mr. Greste, an Australian, but it would not help Mr. Mohamed, an Egyptian citizen.
Ms. Clooney said that Mr. Sisi could act in several ways to free the journalists, including by granting a pardon at any time, releasing them on humanitarian grounds, or deporting Mr. Greste and Mr. Fahmy. “There is no reason this can’t happen quickly, and today’s decision doesn’t change that,” she added.
In their request for a new trial, lawyers argued that the previous case had had procedural errors, including that a “special court” had been illegally designated to hear the case, according to Negad el-Borai, another lawyer for Mr. Fahmy. The prosecutor also requested a new trial, Mr. Borai said, though the reasons have not been made public.
The defendants were not present Thursday, and reporters were barred from entering the court until after the hearing. Relatives of the men spoke to reporters after the decision and seemed stunned that they would not be released.
“I don’t know what the next step is,” said Marwa Omara, Mr. Fahmy’s fiancée. “It seems like it’s a long battle.” She added that Canadian officials needed to “do more.”
Lawyers said Thursday that the three journalists could still be granted bail at the start of their new trial, which is expected to begin within a month.
In a statement after the court decision, Al Jazeera said that the Egyptian authorities had a choice: “Free these men quickly, or continue to string this out, all the while continuing this injustice and harming the image of their own country in the eyes of the world. They should choose the former.”

The Guardian and The Daily Mail sites now carry reports saying that Amal risks arrest for identifying flaws in the Egyptian legal system. Sorry I don't know how to do links.

I think she could only be arrested if she were in Egypt so that would prevent her from going to Egypt for the trial.

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Amal Clooney is threatened with arrest in Egypt after exposing flaws in their judicial system that led to the conviction of three Al Jazeera journalists

• Human rights lawyer produced report before taking on Al Jazeera clients
  
• Egyptian officials warned she could be arrested for criticising government
  
• She was prevented from presenting the report in Cairo on this basis
  
• Her team's findings suggested courts were not sufficiently independent  
  

By Jack Crone for MailOnline
Published: 17:08 GMT, 2 January 2015  | Updated: 18:32 GMT, 2 January 2015



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Threatened with arrest: Amal Clooney was warned by Egyptian officials that she risked arrest for exposes flaws in the country's judicial system
Amal Clooney was warned by Egyptian officials that she risked being arrested for presenting a report which exposes flaws in the country's judicial system.
The human rights lawyer, who recently married Hollywood star George Clooney, was issued with the threat after identifying the same cracks in the system that led to the conviction of three Al Jazeera journalists.
Written before Mrs Clooney became involved in the Al-Jazeera case, officials considered the report highly controversial for its criticisms of Egypt's courts.
Speaking to The Guardian's Patrick Kingsley after the journalists' appeal hearing this week, she said: 'When I went to launch the report, first of all they stopped us from doing it in Cairo.
'They said "does the report criticise the army, the judiciary, or the government?" We said "well, yes". They said "well then, you're risking arrest".'
The report, compiled on behalf of the International Bar Association, suggested Egypt's judicial system was insufficiently independent.


It highlighted the fact that officials in the ministry of justice have too much power over judges and the government too much control over public prosecutors.

Mrs Clooney and her team recommended the practice that allows Egyptian officials to handpick judges for particular cases must stop.
She added: 'That recommendation wasn't followed, and we've seen the results of that in this particular case where you had a handpicked panel led by a judge who is known for dispensing brutal verdicts.'

The three Al Jazeera journalists represented by Mrs Clooney are Peter Greste, Baher Mohamed, and Mohamed Fahmy.
The group was initially sentenced to between seven and ten years in prison last June by the controversial Egyptian judge Mohamed Nagy Shehata.
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Mr Shehata earned global notoriety during the journalists' trial after mocking Mr Fahmy's fiancee and rarely removing his sunglasses during proceedings.
A few months later he gained further infamy after sentencing 188 people to death in one mass trial.
The three journalists launched a new appeal yesterday - but Mrs Clooney suggested she fears the flaws highlighted in her report will prevent the group from receiving a fair trial.
The men have been held since December 2013 - with their arrests coming after the overthrow of Islamist president Mohamed Morsi, a Muslim Brotherhood member.
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'Hope': Mohamed Fahmy (left), Peter Greste (centre) and Baher Mohamed (right) will face a retrial




Judge hands down sentence to Al Jazeera journalists in Egypt





One of the defendants, Baher Mohamed, hold an Egyptian passport - and must pin his hopes on his sentence being overturned by the Egyptian courts.
But Clooney's other clients, Mr Fahmy, a Canadian citizen, and his Australian colleague Mr Greste, are still hoping for deportation to their home countries.

Both have applied to Egypt's chief prosecutor to demand they be sent to Canada and Australia under the terms of a new presidential decree that gives foreign prisoners such an option.
Inside Egypt, Mr Fahmy's appeals team was led by an Egyptian lawyer with contributions from Clooney that related to international law - but outside the country she is the one leading the efforts to win deportation.
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Wedding of the year: Amal married George Clooney in Venice in September last year - seven months after her legal team produced a report exposing flaws in Egypt's judiciary system

Read more:

• Egypt warned Amal Clooney she risked arrest | World news | The Guardian
  

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Thank you Codexchick. I wish I was more computer savvy.

Great find, Hebe. Hope you've seen this report of hers for the IBA somewhere on this thread.

Interesting news from here given that the report has been out for quite a few months.

She originally talked to the Guardian about this, and it's in the Telegraph too

Oops, should have been 'interesting news from her'. Sorry

I was surprised that they are saying that Amal would be threatened with arrest if she goes to Egypt. And this is because of the remarks she made in that article she wrote a few months ago? Interesting. It was a terrific article that she wrote as I recall. Think I read it in the Huffington Post. So I would guess that she won't be traveling with her fellow lawyers to Cairo to meet with Fahmy?

You are Making fun, yes?
This cannot be serious

You know, I'm starting to think Amal is going to be the Anderson Cooper of international law. Don't get me wrong; I like Cooper. He's well-respected and perfectly competent -- better than the majority -- at his job, and gorgeous to boot. But now when he does a story, it's Anderson Cooper doing a story, and not just the story. I'm seeing absolutely no reason for the press or Amal to be talking about how she could hypothetically be arrested, when her client is sitting in prison and looking at 7 years. Don't be the story, Anderson. I mean, Amal.

Well, the report she did was for the International Bar Association, and it was when the report came out (last April?) that all this happened. She's been interviewed about the Guardian about it as a result of the court's decision the other day, who have been following the story from the word go, and what's she's said now has obviously been cleared by the powers that be presumably to get a bit more leverage on the possible result.

In the same interview, she also said that she thought early release was unlikely.......

I think Amal has to find a way in the future to lift up her cases more. So that her cases continue to be the Story and not that the media or others make a Story out of her and make her look like she is now the victim.

I think this is now the danger having the last name Clooney. If somebody doesn't like her cases or wants to play the ball back they just make her the new target and the media reports on that.

She only briefly spoke of the threat in the interview in the Guardian. The main focus was still on the case. So I think that anything that she says about herself will be magnified and picked up by the press because they want these little titbits of her (even if in a professional context). The more drama, the better. So there is no way that she can avoid this because it was a relevant fact that illustrated the attitude of the Egyptian government. And it wasn't even about her personally but towards the whole legal team but that's what the press makes of it.

Nicky80 wrote:I think Amal has to find a way in the future to lift up her cases more. So that her cases continue to be the Story and not that the media or others make a Story out of her and make her look like she is now the victim.

I think this is now the danger having the last name Clooney. If somebody doesn't like her cases or wants to play the ball back they just make her the new target and the media reports on that.

Best get used to it.. it's probably going to be the "new norm".  Agree that going forward, the stories, regardless of their importance, will now be Amal Clooney is involved with ........  Most unfortunate.  Has the potential to belittle important issues, when the story is Amal first and not the issue at hand.

"These laws highlight the threat to the integrity of journalism as well as those who support and defend it. Our concern is for our client, who is a victim of the systemized injustice."

That's all she had to say. No specific mention of herself or what could happen to her, but making the same point and keeping the focus on the guy actually sitting in prison. She should know how to deflect a question and redirect the point.

I realize some of this is unavoidable. These news outlets are just doing what their jobs have become, which is chasing big names. But to me, Amal "getting used to it" means learning how to avoid the traps, not encouraging the attention to her as "new wife of George Clooney and big-time international lawyer." At some point, it ceases to be about shining a light on the case, and becomes about the case being used to shine a light on the individual. It's a fine line, and I think if she wants to protect her professional standing, she'd better learn how to walk it.

But, if her law firm sees this as a plus..  a way to bring attention to their clients...this approach may be encouraged.  Just my own thoughts.

I'm wondering if the threat of arrest extends to the whole legal team or only just to her? All I've seen so far has been about her being threatened with arrest. I can see why the media would focus on her, being George's new wife and all, but why would she be singled out by the Egyptian government? There are others on her team who have been working on this longer than she has. Have they been threatened with arrest too?

PigPen wrote:But, if her law firm sees this as a plus..  a way to bring attention to their clients...this approach may be encouraged.  Just my own thoughts.

Yeah, but that kind of goes to my point. Is she going to be used as an attention-getter, or for her skills as an attorney? She can't allow herself to fall into that trap.

LizzyNY wrote:I'm wondering if the threat of arrest extends to the whole legal team or only just to her? All I've seen so far has been about her being threatened with arrest. I can see why the media would focus on her, being George's new wife and all, but why would she be singled out by the Egyptian government? There are others on her team who have been working on this longer than she has. Have they been threatened with arrest too?

The way I read it, the threat is to anyone who had anything to do with writing or publishing the report. But when she was interviewed, she apparently said (paraphrasing as little as possible), "... and they said, 'then you can be arrested,' " and that made it very easy to make that transition to a direct threat to her. I think she could have/should have handled that better.

Way2Old - Agreed, although put in context it probably didn't occur to her to clarify. She probably thought it was obvious that the threat applied to the whole team. Still, it's irritating that the focus remains on her.

I wonder if she'll risk going to Egypt when the trial resumes. It would be interesting to hear George's advice to her on this. Is he telling her not to risk it, or is he telling her not to give in to the threats of bullies (ie his Sony stance)? It's a little different when it hits so close to home. Do his principles override his personal concerns for her safety?

why would she be singled out...

If in fact she is singled out, three words-
Mrs George Clooney


Yeah, but that kind of goes to my point. Is she going to be used as an attention-getter, or for her skills as an attorney? She can't allow herself to fall into that trap.

Way 2, I think she already is in the trap.  How much publicity would have gone into the trip to Greece if it was just a couple a men from the firm?  Got great free publicity.

PigPen - Agreed, the press would single her out because she married George. That's obvious. My question was whether she was the only one threatened by the Egyptian government. That's the part that didn't make sense. I'm sure the threat was to the whole legal team, yet the only one the media are talking about is Amal. It gives her a prominence she doesn't deserve and minimalizes the importance of all the other lawyers working on the case.

Lizzy-exactly!!    If in fact Amal is /will be getting center stage for cases, I wonder how the other lawyers are going to feel about that.

Amazing when I take the time to read s-l-o-w-l-y....

'They said "does the report criticise the army, the judiciary, or the government?" We said "well, yes". They said "well then, you're risking arrest".'


Guess everyone involved is at risk.

ps/  just googled Amal news.... all the headlines read Amal threatened with arrest ( to sell papers, always a big photo of her and George), but the story includes the above quote.  Let's hear it for hyped media headlines!!!!

I'm not sure there is much more that Amal can do to make sure the case is at the forefront and not her. She has been very professional in her behavior and her public statements regarding the cases she's been involved with since George. But the press is insatiable when it comes to covering her. She just has to keep herself focused and not be distracted by the crazy press. The press reaction during her Greece visit was so over the top. That would not have been the case if she wasn't Clooney's wife or gf. So she got her taste of what's to come. She must realize that she has to handle herself carefully.

I some how don't think the other attorneys would want the attention that Amal is getting they can remain private and get their work done. I don't think Amal wants the attention but I think she probably knew it would come with marrying George. The other Attorney's also must know that Amal has nothing to do with the press stories at all.

Of course what some of the press don't seem to get is that this report came from the International Bar Association, represented by Amal, but that of course would be a little bit duller in terms of a headline, tho to be fair, most have followed up with detail - including People

party animal - not! wrote:Of course what some of the press don't seem to get is that this report came from the International Bar Association, represented by Amal, but that of course would be a little bit duller in terms of a headline, tho to be fair, most have followed up with detail - including People

PAN, so now Im confused report come from someplace else NOT Amal?  She did NOT write it.
Just present/midwife it because she is Lawyer tick, speak Arabic tick.  Is this right?

party animal - not! wrote:Well, the report she did was for the International Bar Association, and it was when the report came out (last April?) that all this happened. She's been interviewed about the Guardian about it as a result of the court's decision the other day, who have been following the story from the word go, and what's she's said now has obviously been cleared by the powers that be presumably to get a bit more leverage on the possible result.

In the same interview, she also said that she thought early release was unlikely.......

So she wrote, yes?

Alisonfan. go to page one of this thread and take a look the video of the report from the International Bar Association where Amal and others are interviewed..........

It (and she!) will tell you all you need to know

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Egypt disputes Amal Clooney arrest warning claim
By AFP

PUBLISHED: 09:44, 4 January 2015 | UPDATED: 09:44, 4 January 2015


Egypt disputed Sunday a claim by British human rights lawyer Amal Clooney that she had been warned she risked arrest last year if she released a report in Cairo critical of the judiciary.

Clooney, a rights lawyer who married Hollywood star George Clooney in a lavish Venice ceremony last year, told Britain's Guardian newspaper that the warning had stopped her going ahead with a Cairo launch for the February 2014 report for the International Bar Association.

But interior ministry spokesman Hani Abdel Latif questioned the source
of the alleged warning.


Amal Clooney told Britain's Guardian newspaper that the arrest warning had stopped her going ahead with a Cairo launch for the February 2014 report for the International Bar Association ©Louisa Gouliamaki (AFP/File)

"She should say exactly who said that," Abdel Latif told AFP. "Why not specify from the start who told her that?"
"We have nothing against her," he said.

In the comments published by the Guardian on Saturday, Clooney did not
detail the source of the alleged warning.

"When I went to launch the report, first of all they stopped us from doing it in Cairo," she said.

"They said: 'Does the report criticise the army, the judiciary, or the government?'
We said: 'Well, yes.' They said: 'Well then, you're risking arrest.'"

The report, based on a fact-finding mission made in mid-2013, warned about the wide powers that ministers had over judges and highlighted a record of selective prosecutions, flaws that Clooney said later contributed to the convictions of three Al-Jazeera journalists.

Clooney, who is now on the defence team for one of the three -- Egyptian-Canadian Mohamed Fahmy -- said the same flaws in the judicial system meant she had little confidence in the retrial ordered on Thursday by Egypt's top court.

She said she was focusing instead on lobbying for Fahmy to be deported under new powers decreed by President Abdel Fattah al-Sisi in November.

Lawyers for Fahmy's Australian colleague Peter Greste are pushing for the same outcome, while the wife of Egyptian Baher Mohamed has said she is looking at ways to get her husband out of Egypt.

The three men remain in custody pending the retrial.

annemarie wrote:I some how don't think the other attorneys would want the attention that Amal is getting they can remain private and get their work done. I don't think Amal wants the attention but I think she probably knew it would come with marrying George. The other Attorney's also must know that Amal has nothing to do with the press stories at all.

If the attorneys she works with don't want the kind of press that comes with having her on the team, they don't have to work with her.  Therefore I assume they believe there is some value in the publicity she brings in addition to her legal skills.  She will have to come to terms with the fact that is why some folks will hire her--her expertise will be a secondary consideration for some clients.

She will take along with colleagues whichever briefs she wants to on a case by case basis and I'm sure she's perceptive enough to know which would not be for her.

In this particular case, it's now apparent why she sent her legal aide to Egypt rather than go herseif.

Clearly Egypt don't like what she's told the wider world about their judicial system.

Well, what did we all think Egypt would say? "Yeah, we threatened her. We're just that repressive." ? Don't think so.

On another note, this is the second time in less than a month that a Clooney has been called a liar. It must be quite the bonding experience.

Yep, exactly...asking her to prove it might lead the way to 'Oh no, we're not like that. Release the guys!'. In diplospeak of course! A plus for the present lot ahead of the elections. Timing is everything

In which case, her comments worked.........

Mm, get the impression there's quite a lot of bonding going on.........

Way2Old4Dis wrote:Well, what did we all think Egypt would say? "Yeah, we threatened her. We're just that repressive." ? Don't think so.

On another note, this is the second time in less than a month that a Clooney has been called a liar. It must be quite the bonding experience.

Oh dear Way2..... Due to my CRS affliction I can't remember
when George was called a liar.
Help.... can you remind me please ?
Thanks.

Joanna, when The Hollywood Reporter came out and reported that NO ONE in Hollywood had been approached with the petition from George about Sony, after he said that NO ONE would sign the petition.

Really good explanatory piece here:

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Apparently she's welcome any time she wants to go. Love the last sentence!

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Pool

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Christopher Dickey

Hanging Judges

01.04.15

Amal Clooney v. Egypt’s Courts

Cairo should have listened to Amal Clooney last year when she recommended judicial reforms. Now, she’s representing a jailed Al Jazeera journalist. Things could get ugly.

PARIS—When Amal Clooney was still known as Amal Alamuddin, and her fame was limited mainly to matters of international law and human rights, she put together a report on Egypt’s brutally politicized judiciary that recommended major changes in the way it operated.

The document, published last February by the International Bar Association Human Rights Institute (PDF) was cool and analytical, and, as a result, all the more damning.

It chronicled the history of the courts under the three regimes that have followed the overthrow of President Hosni Mubarak in February 2011, showing that in every case the judiciary was used for arbitrary political ends, jailing people on vague charges of conspiracy and for “insulting the military,” “insulting the president,” or “insulting Islam.”

At the time, Egyptian authorities told Alamuddin, informally of course, that if she went to Cairo to launch the report, as she hoped to do, she might well be arrested for precisely the kind of arbitrary reasons she documented in the report.

Unsurprisingly, and unfortunately for the Egyptian people, the current government headed by general-turned-president Abdel Fattah al Sisi, took none of the International Bar Association’s recommendations, did not use the new constitution to remedy the worst judicial problems of the old, and has, in fact, increased dramatically the persecution of anyone deemed politically suspect. Some “hanging judges” have handed down hundreds of death sentences at a time.

[size=32]“We have to conclude that we can’t rely on these Egyptian court processes to achieve a fair or swift result.”[/size]

In September, Alamuddin married actor George Clooney and became an instant global celebrity, but she has continued her legal work, and she has followed up on the Egyptian situation. She now represents Mohamed Fahmy, one of the Al Jazeera journalists, along with Egyptian Baher Mohamed and Australian Peter Greste, who have been imprisoned in Cairo, now, for more than a year.

On New Year’s Day, a new judge in the Al Jazeera case called for a new trial. But the trumped-up “conspiracy” charges against the three were never about crime and punishment, as such, and certainly not about justice. They were based on next to no evidence, and clearly were intended not only to punish the jailed reporters, but to intimidate any journalists working in the country, since they can never know when telling the truth will “insult” the people in power or be deemed a conspiracy against the government.

As a result, Amal Clooney holds out little hope that a new trial for the Al Jazeera prisoners will be any fairer than the previous one. She says she will have to fight in “other ways” to get her client freed. “Unfortunately we have to conclude that we can’t rely on these Egyptian court processes to achieve a fair or swift result,” she told The Guardian newspaper.

Clooney did not specify what those other tactics or strategies might be, but University of Michigan Prof. Juan Cole, commenting on the case, points to the Egyptian economy as Cairo’s critical vulnerability.

The country desperately needs foreign investment, and Cole asks the critical questions: “Why would any international entrepreneur risk putting billions into a country where reliable information on the local economy is not available from the censored press, where the ruling officer corps claims to have cured AIDS, where television comedians are fined millions of dollars for jokes, and where foreign journalists are jailed for reporting the news (under the pretext that an Australian non-Muslim professional correspondent is part of a secret Muslim Brotherhood ‘Marriott Cell’ aiming at overthrowing the Egyptian government)?”

“What if there were a legal dispute between the foreign investor and his or her Egyptian partners or collaborators?” Cole demanded. “Could the Egyptian courts, where the choice of judge for a case is often made politically by those with an interest in its outcome, be trusted to be fair to the foreigner? What about the courts’ inability or refusal to follow basic rules of evidence?”

Amal Clooney, with her global fame added to her legal acumen, can drive home such points again and again until the pain makes Egypt’s leaders decide that for political reasons they should have listened to her and to the International Bar Association in the first place.

For now, the Egyptian government has issued a statement saying that Clooney is free to enter Egypt “whenever she wants.” It doesn’t say if she’ll be let out again.

PAN - Now that the whole world knows she's at risk of arrest if she goes to Egypt I don't think they'd dare arrest her. Can you imagine the kerfuffle in the media? It would be a PR nightmare for Egypt.

 It's probably a lot safer for her now than it was before. Still, I'm curious to see if she's going to go and I wonder what George is telling her to do. Political principles vs personal concerns - which wins?

More work than we will ever know going on behind the scenes on the legal front than we will ever know, I'm sure.

Let's see what Egypt's next step is, now that she's been a bit of a whistleblower............